Please read these product terms and conditions (“Product terms”) carefully as they set out the terms under which you as the customer will transact with Pacific Bedrooms.
1.1 The definitions and rules of interpretation in this condition apply in these Conditions.
Buyer: the person, firm or company who purchases the Goods from the Seller.
Goods: any goods agreed in the Contract to be supplied to the Buyer by the Seller (including any part or parts of them).
Seller: Mark Bown Trading as The Leicester Kitchen Co..
1.2 Words in the singular include the plural and in the plural and include the singular.
1.3 A reference to one gender includes a reference to the other gender.
1.4 Condition headings do not affect the interpretation of these conditions.
1.5 Subject to any variation agreed by the Seller in writing the Contract shall be on these conditions to the exclusion of all others terms and conditions (including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order, specification or other document).
1.6 No terms or conditions endorsed on, delivered with or contained in the Buyer’s purchase order, confirmation of order, specification or other document shall form part of the Contract simply as a result of such document being referred to in the Contract.
1.7 These conditions apply to all the Seller’s sales and any variation to these conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by a director of the Seller. The Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Seller which is not set out in the Contract. Nothing in this condition shall exclude or limit the Seller’s liability for fraudulent misrepresentation.
1.8 Each order or acceptance of a quotation for Goods by the Buyer from the Seller shall be deemed to be an offer by the Buyer to buy Goods subject to these conditions, online or in store.
1.9 No order placed by the Buyer shall be deemed to be accepted by the Seller until a written acknowledgement of order is issued by the Seller or (if earlier) the Seller delivers the Goods to the Buyer.
1.10 The Buyer shall ensure that the terms of its order and any applicable specification are complete and accurate and the Seller shall not be liable whatsoever in respect of the same.
Where products are made to measure to measurements supplied by the Buyer, the Seller will not make any refund, other than a valid warranty claim, following completion of delivery. For other product ranges please refer to clause 7 below.
All prices are expressed inclusive of any VAT payable.. Prices may change and the Seller will ensure that revised prices are notified to the Buyer as soon as reasonably possible.
If for any reason beyond our reasonable control, we are unable to supply a particular item, we will notify you as soon as reasonably possible. Prior payment will be taken for out of stock items to secure stock, only if you are happy to proceed with the order and agree to wait for the items.
There will be no contract of any kind between you and us until payment for your Goods is authorised by your bank. At any point up until then, we may decline to supply the Goods to you without giving any reason. At the moment that payment for the Goods is authorised, (and not before), a contract will be made between you and us. Authority for payment must be given at the time of the order. Payment and receipt of your order will be acknowledged by email. If for any reason the Goods cannot be supplied then payment will be refunded in full. Refunds can take up to 30 days as per the Distance Selling Directive.
6.1 Delivery will be made to the address specified by you. Please note that our standard delivery of Goods is within mainland UK. All deliveries will be made to you by our Home Delivery Service (HDS). We do our best to secure delivery within 28 working days of the date of your order. Time is not of the essence for the purposes of this condition. Surcharges may apply for special deliveries where there are access restrictions. If you are not at home for a pre-arranged delivery then we reserve the right to charge you £45.00 to redeliver your order. If you wish to change the delivery date once it is agreed then please give us no less than 2 working days notice prior to delivery. If less than 2 working days is given, an additional £45.00 may be charged. It is your responsibility to check your wardrobe system for patent defects before signing for the goods. We cannot accept liability for goods damaged after delivery if signed for in satisfactory condition. If you intend using subcontractors for installation we recommend you do not commit to them until the delivery has been made, this will avoid any danger of you being financially liable for downtime due to unavoidable delays. Deliveries to commercial properties could void your warranty.
7. PRODUCT RANGES
-Made to measure products
7.1 As the system is made to your specifications, “Made to measure”, we cannot make any refund other than a valid warranty claim once you have accepted delivery. To make a warranty claim please first do so in writing or email. Then return the goods to our factory, where we will make an inspection within 2 working days. Subject to this inspection we will immediately make a refund including your actual cost to return the goods. (Please keep the invoice for the return as proof of cost). If we believe the claim to be invalid we will immediately inform you by email with a full explanation and where necessary photographs, you will of course have the opportunity to present your explanation.
7.2 If you have any other queries please first read the installation instructions. For further information please see – FAQ’s. This does not affect your statutory rights.
-Other product ranges
7.3.1 From the time of delivery of your items, you have 3 days in which to fully examine your purchases. If during that time you wish to return any items for any reason including cancellation of the order, you must inform us in writing or via e-mail. You need to then return the goods at our cost to our factory, where we will make an inspection within 2 working days. Subject to this inspection we will immediately process a refund including your actual cost to return the goods. (Please keep the invoice for the return as proof of cost). If we believe the claim to be invalid we will immediately inform you by email with a full explanation and where necessary photographs. You will of course have the opportunity to discuss any decision made.
7.3.2 After the 3 day period, we cannot process any refund other than a valid warranty claim. To make a warranty claim please first do so in writing or via e-mail. You need to then return the goods to our factory, where we will make an inspection within 2 working days. Subject to this inspection we will immediately process a refund including your actual cost to return the goods. (Please keep the invoice for the return as proof of cost). If we believe the claim to be invalid we will immediately inform you by email with a full explanation and where necessary photographs. You will of course have the opportunity to discuss any decision made.
8. INSTALLATION –
Prior to installation you are responsible for:
8.1 Checking that there are no items present that may hinder the installation of the sliding doors in their intended location, examples of such items would be: electrical sockets, any light fittings, aerial components, curtain polls/tracks etc. These items must be moved or otherwise dealt with before the installation date.
8.2 Notifying the installer of any particular features which you know about the property which may make the installation more difficult than expected. We will assume that your property is not subject to any listing and that the installation works will not contravene any planning conditions or obligations unless you tell us otherwise. Further we assume that your premises are free from damp, dry rot, infestation or collapse and are otherwise structurally suitable to accept the installation of the products.
8.3 Ensuring that existing services within the property are generally of a legal and good workman-like standard. In particular, you acknowledge that you have checked the walls and floors are sound. You are responsible for locating any hidden wiring or pipework and neither the installer or the company shall be liable for any damage caused to hidden conduits, wires or pipes or any damage resulting from accidental damage.
8.4 Removing all moveable items from the room where the installation is to be carried out, and for preparing and protecting all surfaces prior to the arrival of the installer. The installer may reasonably refuse to start work where this has not been done and you will be responsible for any delays (and the cost of any such delays) which arise as a result.
8.5 Removing any asbestos insulation board or asbestos coating.
8.6 Throughout the installation you are responsible for giving the installer reasonable access to your property in order that installation works can be completed.
8.7 We may terminate the contract and reserve the right to bring a claim against you for in the event that the installation is not possible or impractical due to circumstances reasonably within your control or knowledge.
8.8 You are advised not to decorate rooms prior to installation (including the laying of carpet).
8.9 Redecoration of rooms shall be your responsibility and it is not included in the price agreed unless specifically set out otherwise. For the avoidance of doubt, this provision does not exclude our responsibility for damage which is beyond what is reasonably commensurate with the fitting of the components in the usual way (for example, damage to other areas of the premises where the products are not being fitted) or which has been caused by the negligence of us or our agents.
8.10 We will do our best to ensure that installations are started on the date agreed between you and the installer. However, the start date and completion dates that we give you are guides. Whilst we make every effort to install the items on the agreed date and within the time frame estimated, we shall not be liable if we fail to do so in part or in full due to circumstances beyond our control.
8.11 You acknowledge the inevitability of some disruption in the use of the premises whilst the products are being installed and whilst we shall not be liable for such disruption, we shall take reasonable steps to minimise such disruption.
8.12 We will do our best to ensure that the installer performs the services with due care and skill and observes all health and safety rules. Furthermore, we will carry out checks to ensure that they are suitably qualified to carry out the installation.
9.1 Pacific Bedrooms manufactured products are guaranteed for 5 years against faulty materials or workmanship subject to Specification of Goods.
9.2 Failure to carry out the recommended instructions for decorating, sealing and installation of joinery products can impair their performance and will invalidate any guarantees.
9.3 Where any valid claim in respect of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the Seller in accordance with these Conditions, the Seller shall be entitled to replace the Goods (of the part in question) free of charge or, at the Seller’s sole discretion, refund to the Buyer the price of the Goods (or a proportionate part of the price), but the Seller shall have no further liability to the Buyer.
9.4 Except in respect of death or personal injury caused by the Seller’s negligence, the Seller shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer, except as expressly provided in these Conditions.
10 SPECIFICATION OF GOODS
10.1 The warranty does not apply to doors which swell due to intake of excessive moisture or any other neglect or misuse on the part of the Buyer after sale. The Seller’s liability under this warranty shall not extend to costs or charges of unfixing, reaffixing, painting, polishing, staining, handling, cartage, storage or other additional charges or expenses. (This does not affect your statutory rights).
10.2 All Goods must be stored in a dry place. The Seller cannot accept any responsibility if Goods are not so stored
11.1 You can pay by cheque, cash or bank transfer. Authority for payment must be given at the time of order. Payment will be taken for out of stock items to secure stock, only if you are happy to proceed with the order and agree to wait for the wardrobe system.
11.2 Payment of the price for the Goods is due in pounds sterling.
11.3 Time for payment of the price shall be of the essence.
11.4 No payment shall be deemed to have been received until the Seller has received cleared funds.
12 INTELLECTUAL PROPERTY
12.1 All Intellectual Property Rights and all other rights in the Goods shall be owned by the Seller solely. In this condition reference to Intellectual Property Rights shall mean all patents, rights to inventions, utility models, copyright and related rights, trade marks, Service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for any renewals or extensions of such rights, and all similar or equivalent rights or forms of protections in any part of the world.
13 EXCLUSION OF LIABILITY
13.1 The following provisions set out the entire financial liability of the Seller (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of:
13.1.1 any breach of these conditions;
13.1.2 any use made or resale by the Buyer of any of the Goods, or of any product incorporating any of the Goods; and
13.1.3 any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
13.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
13.3 Nothing in these conditions excludes or limits the liability of the Seller:
13.3.1 for death or personal injury caused by the Sellers negligence; or
13.3.2 under section 2 (3), Consumer Protection Act 1987; or
13.3.3 for any matter which it would be illegal for the Seller to exclude or attempt to exclude its liability; or
13.3.4 for fraud or fraudulent misrepresentation
13.4 Subject to conditions 12.2 and condition 12.3;
13.4.1 The Sellers total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract price; and
13.4.2 The Seller shall not be liable to the Buyer for loss of profit, loss of business or depletion of goodwill in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
14.1 These Product Terms shall be governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by the English courts. If any of these Product Terms is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Product Terms which will continue to be valid and enforceable to the fullest extent permitted by law.
14.2 The Seller may assign the Contract or any part of it to any person, firm or company. The Buyer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Seller.
14.3 The Seller reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Seller including without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 90 days, the Buyer shall be entitled to give notice in writing to the Seller to terminate the Contract.
14.4 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, violability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
14.5 Failure or delay by the Seller in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract.
14.6 Any waiver by the Seller of any breach of, or any default under, any provision of the Contract by the Buyer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.
14.7 The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
14.8 All communications between the parties about the Contract shall be in writing and delivered by hand or sent by pre-paid first class post and by email:
14.8.1 (in case of communications to the Seller) to its registered office or such changed address as shall be notified to the Buyer by the Seller, or
14.8.2 (in the case of the communications to the Buyer) to the registered office of the addressee (if it is a company) or (in any other case) to any address of the Buyer set out in any document which forms part of the Contract or such other address as shall be notified to the Seller by the Buyer.
14.8.3 (in the case of the communications to the Seller) to be at firstname.lastname@example.org.
14.8.4 (in the case of the communications to the Buyer) to the Buyers email address.
14.9 Communications shall be deemed to have been received:
14.9.1 If sent by pre-paid first class post, two days (excluding Saturdays, Sundays and bank and public holidays) after posting (exclusive of the day of posting); or
14.9.2 If delivered by hand, on the day of delivery.
14.10 Communications addressed to the Seller shall be marked for the attention of the Mr M. Bown
15 CUSTOMER SERVICES
If you have an order query, please email us at email@example.com or call us on 07966 716284, Monday – Friday 9am to 5pm.